THE CITY AND BOROUGH OF JUNEAU, ALASKA

JUNE 15, 1998

MEETING NO. 98-24: The Regular meeting of the City and Borough of Juneau Assembly, held in the Assembly Chambers of the Municipal Building, was called to order at 7:02 p.m. by Mayor Egan.

  1. FLAG SALUTE was led by Mayor Egan.
  2. INVOCATION was not offered.
  3. ROLL CALL
  4. Assembly Present: Mayor Egan, Garrett (arrived at 7:03), Kibby, MacKinnon, Powell, Hagevig, Muñoz, Koelsch

    Assembly Absent: Perkins

    A quorum was present.

    Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; John Corso, City Attorney; Beth Crile, Personnel; Brent Fischer, Bldg. Maintenance; Joan Wilkerson, Personnel; Steve Gilbertson, Lands and Resources; Dave Miller, Airport Manager

  5. APPROVAL OF MINUTES
  6. 1. 05/27/98 – Special Meeting No. 98-19

    MOTION by Kibby, to approve the minutes of the Special Meeting No. 98-19, held May 27, 1998, and he asked unanimous consent. There being no objection, it was so ordered.

    SPECIAL ORDER OF BUSINESS – None

  7. MANAGER’S REQUEST FOR AGENDA CHANGES - None
  8. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS - None
  9. CONSENT AGENDA

MOTION - by Garrett, to adopt the Consent Agenda as presented, and he asked unanimous consent. There being no objection, it was so ordered.

    1. Ordinances for Introduction

    1. Ordinance No. 97-17 (BJ)
    2. AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $13,500 TO PROVIDE SUBSTANCE ABUSE INTERVENTION SERVICES. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF CORRECTIONS.

      Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at the next regular meeting.

    3. Ordinance No. 97-17 (BK)
    4. AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $24,626 AS A GRANT TO THE SOUTHEAST ALASKA GUIDANCE ASSOCIATION. SUCH FUNDS PROVIDED BY THE LANDS FUND UNRESERVED FUND BALANCE.

      Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at the next regular meeting.

    5. Ordinance No. 97-17 (BL)
    6. AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $21,000 FOR THE PURCHASE OF SEVEN ELECTRIC HOSPITAL BEDS AT THE JUNEAU RECOVERY HOSPITAL. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF HEALTH AND SOCIAL SERVICES.

      Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at the next regular meeting.

    7. Ordinance No. 97-17 (BM)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $9,000 TO UPGRADE THE SURVEILLANCE EQUIPMENT AT THE JUNEAU RECOVERY HOSPITAL. SUCH FUNDS PROVIDED BY THE ALAKSA DEPARTMENT OF HEALTH AND SOCIAL SERVICES.

Administrative Report: Attached. The Manager recommended this ordinance be introduced and set for public hearing at the next regular meeting.

B. Resolutions

1. Resolution No. 1935

A RESOLUTION AUTHORIZING THE MANAGER TO ACCEPT THE DONATION OF LOT B-5, U.S.S. 2388 LOCATED AT TEE HARBOR FOR PUBLIC PURPOSES.

Administrative Report: Attached. The Manager recommended that this resolution be adopted.

    1. Resolution No. 1936
    2. A RESOLUTION AUTHORIZING THE MANAGER TO GRANT AN EASEMENT TO THE CLIFF HOUSE CONDOMINIUM ASSOCIATION TO ALLOW THE REBUILDING OF A DECK.

      Administrative Report: Attached. The Manager recommended that this resolution be adopted.

    3. Resolution No. 1937
    4. A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE AND ENTER INTO A LEASE OF SIX ACRES OF LAND AT AMALGA HARBOR TO THE SOUTHEAST ALASKA GUIDANCE ASSOCIATION FOR CONDUCTING JOB TRAINING AND LIFE SKILLS PROGRAMS FOR YOUTH.

      Administrative Report: The Manager recommended that this resolution be adopted.

    5. Resolution No. 1938
    6. A RESOLUTION EXTENDING THE SHOOTING RANGE ADVISORY COMMITTEE OF THE CITY AND BOROUGH OF JUNEAU.

      Administrative Report: Attached. The Manager recommended that this resolution be adopted.

    7. Resolution No. 1939
    8. A RESOLUTION AUTHORIZING THE MANAGER TO GRANT AN EASEMENT TO MARION HOBBS FOR CONSTRUCTION AND MAINTENANCE OF A DRIVEWAY AND UTILITIES TO SERVE A RESIDENTIAL LOT LOCATED ALONG LENA LOOP ROAD.

      Administrative Report: Attached. The Manager recommended that this resolution be adopted.

    9. Resolution 1940
    10. A RESOLUTION AUTHORIZING THE MANAGER TO SUBMIT AN APPLICATION TO THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR A LOAN FROM THE ALASKA DRINKING WATER FUND AND DESIGNATING THE MANNER OF ACCEPTING AND MANAGING THE LOAN FOR THE PURPOSE OF CONSTRUCTING THE LENA LOOP RESERVOIR PROJECT.

      Administrative Report: Attached. The Manager recommended that this resolution be adopted.

    11. Resolution No. 1941

A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE AN AMENDMENT TO THE RETIREMENT PROGRAM PARTICIPATION AGREEMENT BETWEEN THE STATE OF ALASKA AND THE CITY AND BOROUGH TO CLARIFY THE STANDARD FOR PARTICIPATION FOR PART-TIME REGULAR AND PART-TIME LIMITED POSITIONS.

Administrative Report: Attached. The Manager recommended that this resolution be adopted.

C. Transfer Request:

    1. Transfer No. T-650:

Transfers $10,000 from Moorage Reconfiguration Design (CIP H354-64) to Conceptual Design – Wharves Deckover (CIP H354-65).

Administrative Report: Attached. The Manager recommended that this transfer be approved.

    1. Liquor License Renewals:

Beverage Dispensary License:

Louie’s Douglas Inn

Triangle Club, Inc.

Package Store License:

Alaska Cache Liquor, Inc.

Oaken Keg Spirit Shop

Restaurant/Eating Place:

The Broiler

Pizza Verona

Brewery:

Alaska Brewing & Bottling Co.

Administrative Report: Attached. The Manager recommended that the Assembly adopt the Human Resources Committee recommendation and waive its right to protest the licenses as reported.

  1. ORDINANCES FOR PUBLIC HEARING

1. Ordinance No. 98-24

AN ORDINANCE AMENDING THE PENAL CODE TO INCREASE THE PENALTY FOR THE OFFENSE OF ASSAULT UPON A PEACE OFFICER, FIRE FIGHTER, OR OTHER EMERGENCY RESPONDER, AND CORRECTING STATUTORY REFERENCES IN PROVISIONS RELATED TO VIOLATIONS OF DOMESTIC VIOLENCE PROTECTIVE ORDERS.

Administrative Report: Attached. The Manager recommended that this ordinance be adopted.

Public Testimony: None

Assembly Action:

MOTION – by Hagevig, to adopt Ordinance 98-24, and she asked unanimous consent. There being no objection, it was so ordered.

    1. Ordinance No. 98-25
    2. AN ORDINANCE AMENDING THE ELECTIONS CODE TO FURTHER SPECIFY THE CONTENTS OF THE ELECTION NOTICE, TO IMPROVE THE METHOD OF PRIORITIZING NAMES ON THE BALLOT, TO DELETE REFERENCES TO PUNCH-CARD VOTING, TO PROVIDE FOR NEW FORMS OF BALLOT MARKING AND COUNTING SYSTEMS, TO IMPROVE PROCEDURES RELATED TO ABSENTEE VOTING, TO ESTABLISH DEFINITIONS, AND FOR OTHER PURPOSES.

      Administrative Report: Attached. The Manager recommended that this ordinance be adopted as amended by the attorney’s memorandum

      Public Testimony: None

      Assembly Action:

      MOTION – by Hagevig, to adopt Ordinance No. 98-25, and she asked unanimous consent.

      Mr. MacKinnon clarified that the motion was as amended. He said there were amendments made after introduction, after review by the City Attorney and former City Clerk. Ms. Hagevig stated she would like to hear from the City Clerk before restating her motion.

      Ms. Miller apologized and said she thought Mr. Corso was asking her if it was reviewed by the previous Municipal Clerk, and yes it was. She thought the motion should be to adopt as amended by the attorney.

      MOTION – restated by Hagevig, to adopt Ordinance 98-25 as amended and she asked for unanimous consent.

      Mr. Powell asked if that would include the amendments by Mr. Koelsch. Mr. Corso said that his memorandum included all of Mr. Koelsch’s grammatical suggestions with the single exception of the use of the word "that" in one place.

      There being no objection, it was so ordered.

    3. Ordinance No. 97-17 (BH)
    4. AN ORDINANCE AUTHORIZING THE MANAGER TO TRANSFER THE SUM OF $12,500 FROM THE MAYFLOWER ISLAND CAUSEWAY CAPITAL PROJECT TO THE MAYOR AND ASSEMBLY’S OPERATING BUDGET FOR A GRANT TO THE GLACIER VALLEY ROTARY CLUB FOR PARK REPAIRS. SUCH FUNDS PROVIDED BY AREA WIDE STREET SALES TAX.

      Administrative Report: Attached. The Manager recommended that this ordinance be adopted.

      Public Testimony: None

      Assembly Action:

      MOTION – by Kibby, to adopt Ordinance No. 97-17 (BH), and he asked unanimous consent. There being no objection, it was so ordered.

    5. Ordinance No. 97-17 (BI)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $671,667 FOR DESIGN OF THE SNOW REMOVAL EQUIPMENT AND CHEMICAL STORAGE BUILDINGS AT THE JUNEAU INTERNATIONAL AIRPORT. SUCH FUNDS, $650,000, PROVIDED BY THE FEDERAL AVIATION ADMINISTRATION, AND $21,667, PROVIDED BY THE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES.

Administrative Report: Attached. The Manager recommended that the grant amount be changed from $650,000 to $656,196, the DOT/PF matching grant amount be changed from $21,667 to $21,873, and that this ordinance be adopted as amended.

Public Testimony: None

Assembly Action:

MOTION – by Kibby, to adopt Ordinance 97-17 (BI) as amended by staff, and he asked unanimous consent. There being no objection, it was so ordered.

Mr. Kibby indicated he was hesitant about giving this money out after listening to the radio, which said they did not have a site yet.

Mayor Egan said the Assembly had spent countless hours working on the ordinances and resolutions that passed so quickly at this meeting.

  1. UNFINISHED BUSINESS - None
  2. NEW BUSINESS - None
  3. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

A. Manager’s Report - Action Items

    1. 1. Tentative Agreement PSEA Negotiation.

Administrative Report: The Manager stated that they have concluded negotiations with PSEA and a summary has been distributed. He said the negotiations are within the parameters of the guidelines set by the Assembly. He recommended that the Assembly go into Executive Session if they wished to discuss the technical aspects. Mr. Palmer added that PSEA had approved the agreement.

Assembly Action:

MOTION – by Garrett, that the Assembly approve the contract as negotiated by the Manager and Personnel Director for the Public Services Employees Association. There being no objection, it was so ordered.

2. Gravel for Non-CIP Street Projects

Administrative Report: Attached. The Manager recommended that the Assembly approve the change in policy to allow CBJ gravel to be purchased for $1.50/ton for street improvement projects in existing CBJ rights-of-way.

Assembly Action:

Mr. Kibby said that he would like this item pulled back to the Lands Committee. He believed that Lands Committee’s position would not change on the policy, but he felt there had been a lot of miscommunications and unfounded perceptions that needed to be addressed. He would like that done in the Lands Committee and then brought back before the Assembly in two weeks.

There being no objection, it was so ordered.

B. Manager’s Report - Information Items - None

C. Attorney’s Report - None

  1. MAYOR’S REPORT ON NON-AGENDA ITEMS

    1. Revised Pending Items
    2. Unappropriated General Fund Unreserved Fund Balance
    3. Assembly Contingency Fund Balance

  1. COMMITTEE REPORTS ON NON-AGENDA ITEMS
  2. A. Committee Reports

    1. Committee of the Whole – Mr. MacKinnon said there would not be a COW on Monday, the 22nd, but there would be a joint meeting with the School District on Thursday, the 25th at 5:00, to discuss the High School Issue.

    2. Finance Committee – Mr. Perkins was not present to give a report.

    3. Committee on Committees – Mr. Powell had the following appointments to be confirmed:

    MOTION – by Powell, to confirm the appointments of Pete Carlson, Joe Heueisen and Joseph Johnson to the Juneau International Airport Board. There being no objection, it was so ordered.

    MOTION – by Powell, to confirm the appointments of McKie Campbell, Gary Cuscia and Patrick Harmon to the Eaglecrest Ski Area Board of Directors. There being no objection, it was so ordered.

    MOTION – by Powell, to confirm the appointment of Kenneth Hoff to the Juneau Human Rights Commission. There being no objection, it was so ordered.

    MOTION – by Powell, to confirm the appointments of Keith Axt, Mo Hicks and Woolsey Lent to the International Relations Advisory Committee. There being no objection, it was so ordered.

    MOTION – by Powell, to confirm the appointment of Laura Rorem to the Social Services Advisory Board. There being no objection, it was so ordered.

    MOTION – by Powell, to confirm the appointments of Stephen Brandner and Marilyn Irwin to the Youth Activities Board. There being no objection, it was so ordered.

    4. Human Resources Committee – Ms. Muñoz had nothing to report at this time.

    5. Lands & Resources Committee – Mr. Kibby had nothing to report. He asked how the Assembly would like to handle the public meeting that was at DZ in light of the recreational packet that staff put together. Mr. MacKinnon thought it would be appropriate for either Finance or Committee of the Whole. He clarified they would be getting a copy of the minutes and discussion was scheduled for the July 8th Committee of the Whole.

    6. Public Works & Facilities Committee – Mr. Garrett said there was no meeting scheduled. He referred to tonight’s approval of an application for a $2M loan to the Dept. of Conservation to begin the process of the Lena Reservoir and said that that issue was moving forward.

    7. Strategic Policy Committee – Ms. Hagevig reported the committee met on June 2nd to accept the final report from the contractor on the visioning project. In addition, the contractor presented a very good looking brochure which she recommended the Assembly send to the Alaska Committee as they might be able to use it in some of their outreach programs around the state. In addition, the Tourism Advisory Committee would like some time with the COW, preferably on the 13th of July. They are involved in initiating a new planning process and felt that they would like to bring it before the Assembly before they get too far down the line in that planning process. Mr. MacKinnon added that to the agenda on the 8th of July.

    B. Board Liaison Reports

    Mayor Egan said the Alaska Committee meets on Wednesday morning at 7:00 a.m. at JEDC’s boardroom.

  3. ASSEMBLY COMMENTS AND QUESTIONS
  4. Mr. Koelsch said the High School Planning Leadership team meets on the 16th at noon in the central office. He said there was very interesting reactions and testimony at the Parks and Rec. Eaglecrest and Harbor public hearing. He was bothered a little bit by the amount of people who talked about trash at the Pipeline. He clarified there was adequate trash collectors at the site and suggested there be adequate signage to point those receptacles out. He said besides helmets and loud music, trash was the one that was mentioned most. Mayor Egan asked Mr. Palmer for an e-mail report on the disposition of that matter.

    Ms. Muñoz brought up the letter received from Mr. Helly in regards to the noise at the Pipeline. She hoped the noise would not be unbearable for the neighbors and she asked that staff watch that closely. She said she had a request from David White to lower the annual pool fee from $200 to $100 because of his disabilities. Mr. Palmer said he had responded to his letter saying there are a couple of different programs that offer reduced rates which he qualifies for. Ms. Muñoz said she would talk with Mr. White and Mayor Egan said it would be okay to schedule something with Mr. White and Mr. Palmer.

    Ms. Hagevig said she has been receiving complaints about the huge potholes on Lawson Creek Road. She had driven up there and almost bottomed out her car.

    Mr. Garrett gave an update on the Hayes appeal. He said that today they received stipulation from Mr. Hayes with regard to four of the six points on appeal that will not be heard as having been previously decided by the Assembly. There will be a second pre-hearing conference on the 16th to set a briefing schedule and a hearing for the remaining two points.

    Mr. Powell said on Glacier Highway, at Twins Lakes on the right hand side of the road, there was an underground cable box, a small metal box that was unbolted.

    Mayor Egan gave a brief report on his and Mr. Palmers’ trip to Washington DC. They met with Senator Stevens, Senator Murkowski, Congressman Young and the head of NOAA, Mr. Terry Garcia. They had a very good meeting and a frank discussion with Senator Stevens and had very good discussions relaying the concerns of the Senator about the NOAA project at Lena Point. He was glad they went back at the time they went back and he feels confident the project is back on line. The project would need to be scaled back and some of the obvious frills taken out to meet with the declining capital appropriations that are available for construction of facilities such as this. The Senator and the rest of the delegation were very pleased to hear that we are only one of two projects that has been approved by the new Interagency Review Committee, one in Honolulu, Hawaii and one in Juneau, Alaska. They were very happy that the Governor and the Board of Regents approved the $1.7M, at least, for design of the University’s portion. The University will not be able to do their design until all the issues are fixed legislatively to allow NOAA to in fact design at Lena Point, allowing the University to locate at the facility and allowing the city to get an easement on the Auke Cape facility to allow access to the property from the National Parks Service.

    Mr. Palmer added that right now the ball seems to rest in NOAA’s court to get the scope of the project down to a size that Senator Stevens can support. Mr. Garcia will meet with the Senator and he expressed his support of the project. Senator Stevens said unless there was support out of OMB, he would not push it further ahead.

    Mayor Egan thanked the Governor’s office in Washington DC, John Katz and Anna Kertulla, for the work they put into this project. The Governor has written to Mr. Raines, the head of OMB, specifically requesting that this facility be included in the Administration’s budget. Mr. Raines has resigned and there will be a new director.

    Mayor Egan said the Kennicott would be arriving in Juneau on the 3rd at 10:00 a.m. The citywide celebration starts then. There will be bands, cakes, a coloring contest and there are a lot of other things in the works. Donna Hatten of the Manager’s Office and Ginger Johnson and her staff at DOT are working feverishly. The whole town is invited and he felt that it was very important the community know that the ship is home ported in Juneau, and it is the newest ocean going vessel built in the United States in 45 years. There are a number of organizations getting involved in the celebration. Mr. Garrett added that the ship would be available for an open house at the old ferry terminal for the entire day.

    Mayor Egan said he had the opportunity to go the Mississippi to watch the launching of the Kennicott. It was very impressive and the launch went very smoothly.

  5. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS - None
  6. ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 7:40 p.m.

 

Signed: ________________________________

Mayor Egan

 

 

Countersigned: ________________________________

Marian Miller, Clerk